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Home My WebLink AboutResolution - 2011-R0105 - Right Of Way Agreement - Big Country Electric Cooperative Inc. - 03/02/2011.esolution No. 2011-80105 [arch 2, 2011 .tem No. 5.3 RESOLUTION E IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Right -of -Way Agreement, by and between the City of Lubbock and Big Country Electric Cooperative, Inc. of Roby, Texas, and related documents. Said Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on March 2, 2011 TOM MARTIN, MAYOR ATTEST: Rebecca arza, City Secretary APPROVED AS TO CONTENT: fi Marsha Reed, P.E., Chief Operations Officer Dave Booher, Right -of -Way Agent APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney vwxcdocs/JI;ES.Agreement-Big Country Coop, Inc. January 11, 2011 Resolution No. 2011-RO105 DIGHT -OF -WAY EASEMENT KNOW ALL MEN BY THESE PRESENTS, that the undersigned, City of Lubbock, Texas, a home rule municipal corporation, for a good and valuable consideration, the receipt whereof is hereby acknowledged, does hereby grant unto Big Country Electric Cooperative, Inc., a cooperative corporation (hereinafter call the "Cooperative") whose address is P O Box 518, Roby, Texas 79543, and to its successors and assigns, the right to enter upon the lands of the undersigned, situated in the County of Garza, State of Texas and more particularly described as follows: A tract of land containing .34 acres, more or less, located in Garza County, Texas and further described as set forth in Exhibit "A" attached hereto and incorporated herein by reference to construct, operate and maintain an electric transmission and/or distribution line or system on or under the above described lands and/or in, upon or under the streets, roads or highways abutting said lands; to inspect and make such repairs, changes, alterations, improvements, removals from substitutions and additions to its facilities as the cooperative may from time to time deem advisable, including by way of example and not by way of limitation, the right to increase or decrease the number of conduits, wires, cables, handholds, manholes, connection boxes, transformers and transformer enclosures; to cut, trim and control the growth by chemical means, machinery or otherwise of trees and shrubbery located within ten feet of the center line of said line or system (including any control of growth of other vegetation in the right-of-way which may incidentally and necessarily result from the means of control employed); to keep the easement clear of all buildings, structures, or other obstructions; and to license, permit or otherwise agree to the joint use or occupancy of the lines, system or, if any of said system is placed underground, of the trench and related underground facilities, by any other person, association or corporation. The width of the easement shall be twenty (20) feet, one-half (112) of said distance on either side of Cooperative's lines, poles or other facilities. The height of the easement shall be from fifteen (15) feet beneath the surface of the ground ad coelum. The undersigned agree that all poles, wires and other facilities including any main service entrance equipment, installed in, upon or under the above-described lands at the Cooperative's expense shall remain the property of the Cooperative, removable at the option of the Cooperative. EXECUTED as of and to be effective on CITY OF LUBBOCK, TEXAS gy-, 1_ ✓ 4 TOM MARTIN, MAYOR ATTEST: — Q _0_4� , -3,1(- - Rebecc4 Garza, City Secretary March 2 BIG COUNTRY ELECTRIC COOPERATIVE, INC. By: NAME: TITLE: 2011. APPROVED AS TO CONTENT: Marsha Reed, P.E., Chief Operations Officer 0"/ ki-7le- �� Dave Booher, Right -0f -Way Agent APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney ACKNOWLEDGEMENS THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared TOM MARTIN, known to me to be the person whose name is subscribed to the foregoing instrument and who acknowledged to me that he executed the same in the capacity therein stated and for the purpose and consideration therein expressed. (SE ppY PLR C ELISA SANCHEZ j Notary Public, State of Texas My Commission Expires 11-0 2011NI 111-11IN141 THE STATE OF TEXAS COUNTY OF EZ S R6 R Notary Public in and for the S of Texas This instrument was acknowledged before me on GeJoria"� a , 2011, by 6r d d _C-�,e e rp. YVL' L.naI eX of Big Country Electric Cooperative, Inc, on behalf of Big Country Electric Cooperative, Inc.. (SEAL) SYLW1 C. LOMAS *= MY COMMISSION EXPIRES Oftw 2Z, 2012 4 LJ" -':A /" , 14VA I z YF6. NoTVYT,,bblic in and for the State of Texas Resolution No. 2011-RO105 PLAT OF SURVEY OF A TWENTY FOOT (20') ELECTRIC LINE EASEMENT OUT OF SECTiON 70. BLOCK S. N. L G.N. R.R. Co_ SURVEY, Ste` Hrri GARZA COUNTY, TEXAS cauEa NOT Nob CAr"01DIC PROTiECTION X20.32" Elecldlc stmvt sax \ } N 12'31'10. 2'31'10" W� � �li(Vll� E 'V-(KOCK WATER tPIPE6LINE \�` -,,�90 S City of Lubbock, Teros Vol. 192, Pg. 155 \ SECTION 70. BLOCK 5, H & G.N. R.R. Co. 'SURVEY, GARZA COUNTY, TEXAS �\ f � 1ow1i RPOL E FROM THIS POINT THE S.W. w+rnwr"5. COR. OF SEC. 70, 81-K.5 BEARS-- N 88' 55'49' W. 3043-32' AND 20.32' S 1" 15'11' W. 1925-77 S 30'01'55" W TWENTY FOOT (20') ELECTRIC LINE EASEMENT DESCRIPTION BEING a twenty fool (20') electric line easement out of Section 70. Block 5, H $ G.N R.R. Co. Survey, Carpn County, Texas and being more particularly described by metes and bounds as follows BEGINNING of a 11/g" iron rod with cap,set for the Southeastcorner of this twenty foot t2D') easement, whence the Southwest corner of said Section 70. Block 5, hears North 88.55'49" West. 3043-32 feet and South 1. 11511" West, 1925.77 feet; THENCE North 49' 53'48" West. o distance of 618.55 feet to a r2" iron rod with cap, set for a corner of this twenty foot (2171 easement THENCE South 67' 19'42" West, a distance of 106.96 feet to a I'i iron rod with cap, set on the centerline of the City at Lubbock water pipeline. for the Southwest corner of this twenty foot 120"t easement: THENCE North 12. 3110" West., along the centerline of said City of Lubbock water pipeline, a distance of 20 32 feel to o point. for the Northwest corner of this twenty foot f2C7? easement, THENCE North 67. 19'42" Lost. of 15.42 feet pass o 40d noilset in reference, continuing for a lololdistance of 115.59 feet to a iron rod with cap, set for o corner of this twenty foot (20') eosemant'. THENCE South 49' 53`46" East. a distance of 527.29 feet to a /Z" iron rod with cop. set for the Northeast corner of this twenty foot 120'1 easement: THENCE South 30' 01'55" West, a distance of 20.32 feet to the point of beginning. CONTAINING 0.34 acres of land Surveyed on the ground Decernher 9, 2010 -,� T J f?egistered o esSiollatLand Surveyor !-1—JCSY c�lsrQvu All distonces shown are Surface distances. BectrinCls shown are grid bearings based art the Texas State Plane Co0rdinote System, North Central Zone, NAD83 Datum. This survey and allinformalion hereon is for the exclusive use of CITY OF LUE38OCK and shall not be capied or used except for the purpose for which It is expressly furnished- this drawing and allcopies (portiolar complete) snatlbe returned to line owner upon demand. DATE: 12 10 ICLIENT= CITY OF LUBBOCK I ISLJRVEYE13 13Y: R. BURROW I FIELD BOOK- 466- PG. 64 1 "WILL rn LNG is WS %RWIfORIS.K. 3330 701h S1-, Stat[ 202 • LUi8 CM, TX. 79413 I%i 101061 761 - F" 111 792-1646